MEMORANDUM TERESA MCCLISH, DIRECTOR OF COMMUNITY DEVELOPMENT

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1 MEMORANDUM TO: FROM: BY: CITY COUNCIL TERESA MCCLISH, DIRECTOR OF COMMUNITY DEVELOPMENT MATTHEW DOWNING, PLANNING MANAGER SUBJECT: CONSIDERATION OF TEMPORARY USE PERMIT CASE NO ; AUTHORIZING HALLOWEEN IN THE VILLAGE ON WEDNESDAY, OCTOBER 31, 2018 AND DIRECTING STAFF TO IMPLEMENT RELATED SAFETY MEASURES INCLUDING NO PARKING ZONES, STREET CLOSURES AND WARNING DEVICES DATE: OCTOBER 9, 2018 SUMMARY OF ACTION: Approval of the Temporary Use Permit will authorize Halloween in the Village and direct staff to implement safety measures, including closure of East and West Branch Streets between Traffic Way and Mason Street, establish no parking zones, and detour automobile traffic on Wednesday, October 31, IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: Direct equipment and staffing costs to facilitate the safety measures are estimated at $5,435. This includes $2,735 from Public Works estimated as follows: - $1,500 for Public Works staff time and materials; - $850 for water barricade rentals; and - $385 for contractor to fill water barricades. The remaining $2,700 includes Police Department staff time and materials costs. The total financial impact does not account for time and materials from Community Development Department staff that assist with the event, as that fluctuates year-to-year. This total cost is generally consistent with last year s event. The City typically co-sponsors this and other community events by providing labor and equipment. It is recommended the Council appropriate funds from the unallocated reserves to cover the City s costs for the event. RECOMMENDATION: It is recommended the City Council: 1) Adopt a Resolution approving Temporary Use Permit ; and 2) Appropriate $5,435 from the General Fund Reserve to facilitate implementation of safety measures for the event. Item 9.g. - Page 1

2 CITY COUNCIL CONSIDERATION OF TEMPORARY USE PERMIT OCTOBER 9, 2018 PAGE 2 BACKGROUND: Halloween in the Village consists of a voluntary closure or limitation of services by the majority of East and West Branch Street businesses in the Village on October 31 st to allow merchants an opportunity to pass out candy to children in a safe daytime environment. This loosely organized tradition has occurred for at least 17 years and has been informally promoted through the Village Improvement Association (VIA). Although the event is not advertised outside of the City, attendance has steadily increased with an estimated 2,500 children participating in the last few years. To staff s knowledge, there has never been an injury or incident. This is the seventh year East and West Branch Streets are to be closed for the event. No issues related to this closure have been communicated or identified. ANALYSIS OF ISSUES: The purpose of the Temporary Use Permit, which authorizes street closures and imposes safety measures and conditions, is to increase pedestrian safety by reducing pedestrian and vehicle interaction related to the crowds of children and parents who congregate and circulate on both sides of the four-block core of the Village during the event. Prior to implementing the street closure, large numbers of participants filled the sidewalks at many points and crossed at uncontrolled intersections with the help of crossing guards. Full street closure and safety measures were successfully implemented over the last seven (7) years with no incidents observed or reported. Six (6) years ago, the applicant proposed increasing the period of street closure and no parking between the hours of 2:00 pm to 6:00 pm due to further increases in the number of participants and time necessary to clear vehicles from the streets. It is recommended the closure of West and East Branch Street from Traffic Way to Mason Street, including the placement of No Parking signs mounted on delineators 48 hours in advance of the event on West and East Branch Streets; a small section of No Parking signs at the corner of Mason Street and Nelson Street (to allow turning movement for commercial trucks); closure of intersections or major driveways onto East and West Branch Street, including Bridge Street, Short Street, the Car Corral, and Nevada Street; and implementation of a detour which routes automobile and truck traffic onto Traffic Way, Nelson Street and Mason Street and delineating a widened turning lane on East Branch Street at Mason Street for commercial trucks. Due to recent drought conditions of previous years, investigation continues into alternative methods of safely closing Branch Street. It has been determined that for such a limited event there is an opportunity to utilize various City vehicles to safely close side streets; however, at this time, the closure of West and East Branch Street will remain a hard closure utilizing non potable water barricades. ALTERNATIVES: The following alternatives are provided for the Council s consideration: 1. Adopt the attached Resolution approving Temporary Use Permit ; 2. Do not adopt a Resolution; or 3. Provide direction to staff. Item 9.g. - Page 2

3 CITY COUNCIL CONSIDERATION OF TEMPORARY USE PERMIT OCTOBER 9, 2018 PAGE 3 ADVANTAGES: Full street closure provides a safer environment for participating children and allows children to safely cross the street at any location, thus helping the event to operate more efficiently. This option does improve safety at uncontrolled intersections as compared with the use of private crossing guards and decreases the number of police officers and crossing guards needed. DISADVANTAGES: No Parking restrictions and the closure of sections of Branch Street will have an impact on traffic congestion and parking. Motorists not familiar with the event will have to use detours to get to their destinations, which may increase travel time. Additionally, the cost to the City to cosponsor the event is absorbed by individual Department budgets, as specific funds for special events have not been set aside in years past. ENVIRONMENTAL REVIEW: In accordance with the California Environmental Quality Act (CEQA), it has been determined that this project is categorically exempt per Section 15304(e) of the CEQA Guidelines regarding minor temporary uses of land. PUBLIC NOTIFICATION AND COMMENTS: A condition of approval has been developed, which will require the applicant to notify property owners and businesses located within the area of street closures and/or restricted parking. The Agenda was posted at City Hall and on the City s website in accordance with Government Code Section Attachment 1. Event map Item 9.g. - Page 3

4 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT CASE NO AUTHORIZING HALLOWEEN IN THE VILLAGE ON WEDNESDAY, OCTOBER 31, 2018 AND DIRECTING STAFF TO IMPLEMENT RELATED SAFETY MEASURES INCLUDING NO PARKING ZONES AND STREET CLOSURES WHEREAS, the Arroyo Grande Village Improvement Association (VIA), acting as a coordinator for individual merchants, applied for a Temporary Use Permit for the Halloween in the Village event which, amongst other things, helped establish conditions to ensure the safety of the children who will be visiting various Village businesses; and WHEREAS, the implementation of safety measures including no parking zones and street closures will help to facilitate a safe Halloween for all individuals participating in the event and traveling through the Village area; and WHEREAS, the Arroyo Grande Municipal Code (AGMC) provides for the issuance of Temporary Use Permits for events such as Halloween in the Village, AGMC Section authorizes the City Council to restrict parking on any street, and California Vehicle Code Section 21101(e) authorizes the closure of streets for parades and local special events. WHEREAS, the City Council finds, after due study, the following circumstances exist: FINDINGS FOR APPROVAL TEMPORARY USE PERMIT 1. The operation of the requested use at the locations proposed and within the time period specified will not jeopardize, endanger, or otherwise constitute a menace to the public health, safety or general welfare due to the use of traffic safety equipment and dedicated local law enforcement personnel. 2. The City streets to be used are adequate in size and shape to accommodate the trick-ortreat event without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the Event. 3. The proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the Event will or could reasonably be expected to generate. 4. Adequate temporary parking to accommodate vehicular traffic to be generated by the Event is available throughout the City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby approve Temporary Use Permit authorizing the following actions, with the above Item 9.g. - Page 4

5 RESOLUTION NO. PAGE 2 findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference: 1. The establishment of a No Parking zone on East and West Branch Streets between Traffic Way and Mason Street between the hours of 2:00PM and 6:00PM; 2. No Parking at the corner of Mason Street and Nelson Street (to allow turning movement for commercial trucks) between the hours of 2:00PM and 6:00PM; 3. The closure of West and East Branch Street from Traffic Way to Mason Street between the hours of 2:00PM and 6:00PM; 4. The closure of intersections or major driveways onto East and West Branch Street including Bridge Street, Short Street, the Car Corral, and Nevada Street between the hours of 2:00PM and 6:00PM; 5. The implementation of a detour which routes automobile and truck traffic onto Traffic Way, Nelson Street and Mason Street and delineating a widened turning lane on East Branch Street at Mason Street for commercial trucks between the hours of 2:00PM and 6:00PM. On motion of Council Member, seconded by Council Member, and on the following roll call vote, to wit: AYES: NOES: ABSENT: The foregoing Resolution was passed and adopted this 9 th day of October, Item 9.g. - Page 5

6 RESOLUTION NO. PAGE 3 JIM HILL, MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: JAMES A. BERGMAN, CITY MANAGER APPROVED AS TO FORM: HEATHER K. WHITHAM, CITY ATTORNEY Item 9.g. - Page 6

7 RESOLUTION NO. PAGE 4 EXHIBIT "A" CONDITIONS OF APPROVAL FOR TEMPORARY USE PERMIT NO GENERAL CONDITIONS: 1. This Temporary Use Permit authorizes Halloween in the Village and directs staff to implement related safety measures including no parking zones and street closures on Wednesday, October 31, The applicant shall ascertain and comply with all State, County and City requirements as are applicable to this project. 3. The event shall occur in substantial conformance with the application and plans on file in the Community Development Department. 4. The applicant shall comply with all of the Conditions of Approval for Temporary Use Permit The applicant shall agree to indemnify and defend at his/her sole expense any action brought against the City, its agents, officers, or employees because of the issuance of said approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney s fees which the City, its agents, officers or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his/her obligations under this condition. 6. The applicant shall notify all affected businesses and residents of street closures and parking restrictions at least 48 hours prior to the event. 7. The applicant shall clean up all debris associated with the event to the satisfaction of the Public Works Director. 8. Traffic detouring shall be coordinated with the Police Department. 9. The Public Works Department shall be responsible for ordering and directing the setup of all traffic control equipment through a private purveyor. 10. The applicant shall provide a $1,000,000 commercial general liability insurance policy naming the City as additional insured, subject to approval by the City Attorney. Proof of the insurance shall be submitted to the Director of Legislative and Information Services ten (10) days before the event. 11. Vehicles associated with the costume contest shall be permitted onto Branch Street, when determined safe, to allow setup of that portion of the event. Item 9.g. - Page 7

8 ATTACHMENT 1 LE POINT ST, LOHAN ~ I i---1 -I ftl ID r ftl --< POOLE ST, HA Detour directional IIIIIIJ ~ ~1)1)1)1~ Trick or Treat Route A_ 35 # of Orange cones CITY OF ARROYO GRANDE Directions sign # of Delineators Road Closed MA VILLAGE HALLOWEEN Detour Route 20 # of.. A.. frame signs ~ BRANCH STREET Item 9.g. - Page 8 Detour Ahead >---< 15 # of water barricades ROAD CLOSURE PLAN ~ REFERENCE NO. SHEET: _OF_

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